Question 1: What is the role of Customs and Border Protection (CBP) in securing trade in maritime ports? What is the agency's "current" maritime challenges? Additionally, how did the Homeland Security Act of 2002 change the structure of CBP? Be specific.
The Customs and Border Patrol (CBP) within the Department of Homeland Security is the agency whose primary role is to monitor, regulate, and facilitate the flow of goods through the country's ports of entry. CBP has a history that has been established for a long time. Besides, the CBP has a precise mission statement that states, “Protect the American people, safeguard our borders, and enhance the nation’s economic prosperity.” (Garret, 2018). Following the 9/11 attack, CBP changed to put drastic measures on the country’s security. The changes resulted in the formation the Department of Homeland Security.
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The role of securing trade is a crucial and complex job of the CBP. The role is fulfilled through agencies such as the Department of Homeland Security and its various assets; 328 ports located in the land and sea, the CBP fulfills this role (Brzozowski, 2017). Also, the CBP works in collaboration with other agencies such as the Coast Guard and its subcomponent, the Air and Marine Operations (AMO) to ensure smooth trade operations. They wage war against the war on terrorism and also ensure that the border is secure. Furthermore, the country is dependent on CBP to run some aspects of international trading. This is done by ensuring compliance and adherence to the rules and regulations at the port. Remarkably, CBP focuses on individuals who break the law and any unlawful cargo that might be sent through the ports and border of the country. On an annual basis, the CBP oversees the security of over one million travelers to and from the borders of the U.S. Notably, the CBP is also a crucial producer in the Department of Treasury. Therefore, the U.S. Trade market helps over 40 million people acquire jobs, making it a crucial subject in the country’s economic standing.
The maritime environment is faced with numerous challenges which include criminal activities, cargo theft, extortion, poorly trained staff, and corruption. Besides these challenges, the core problematic issue at the moment is the open nature of the ports system to allow flow of goods in and out of the nation. Yet, the ports must remain open because the U.S. is a viable economic player in the world.
The Homeland Security Act of 2002 significantly helped alter the U.S. Customs and Border Protection by providing improved strategies that will prevent future terrorist attacks like 9/11. To begin with, the Act altered the way the U.S. defends itself. This meant identify the vulnerabilities that existed at various locations across the U.S. The Act resulted in the combination of the various agencies to form a single agency; the Department of Homeland Security. Further, the primary mission for the designing of the Act is to prevent terrorists attacks while at the same time reducing the U.S. vulnerability in the future. The Act also ensured that the overarching responsibility is sharing information across agencies that work in collaboration with the DHS. Through the Department of Homeland Security, the local, state, and federal agencies have come together intending to secure the border specifically. This agency considers the infrastructure a crucial tool because it has helped enhance security. Also, technology is a critical factor because technology can facilitate the effective prevention of attacks. the increased technological advancements, the agency can effectively help prevent attacks.
Question 2: What over-arching approach to security strategy is the Maritime Transportation Security Act (MTSA) of 2002 employing? What is the over-arching purpose of the Act?
Signed on the 25 th of November 2002 by President Bush, the Maritime Transportation Security Act of 2002 is landmark legislation whose core role is to protect the U.S. ports and waterways from terrorists’ attacks. However, there is no precise statement made in the law regarding the approach that is supposed to be employed by the MTSA of 2002. There is a clear establishment of goals and desires supposed to be achieved, but a clear goal has not been set out. The rationale behind this is to prevent any limitations on innovations and allow security managers to accomplish the outlines in the best possible way. Notably, the MTSA security needs begin at the point of assessments.
These assessments highlight security threats and vulnerabilities at infrastructure and critical assets of the country. Further, the MTSA of 2002 assessments identifies weaknesses in physical security, passenger and cargo security, protection systems, the integrity of the cargo protection of structural and communication systems, and other areas determined by the secretary (Gasperetti, 2017). The assessment of threats is conducted, and reports are handed over to the port owner because private individuals and entities own some.
The specific guidance that the MTSA of 2002 gives is the security plans carried out by their respective committees. These plans are categorized into four sections: the National Maritime Security Plan, Area Maritime Transportation Security Plans, Vessel and Facility Security Plans, and Security Incident Response Plans (Crowell, 2018). The National Maritime Security Plan is an interagency that has been built to ensure security in the ports of the U.S. The Area Maritime Transportation Security Plans gives details on security policies to prevent future attacks. On the other hand, Vessel and Facility Security Plans have come up with new regulations that ensure owners of ships and other vessels implement security plans regularly. These security plans include the screening of passengers and baggage and extensive surveillance in the port. Lastly, the Security Incident Response Plans have a contingency suite and response plans for domestic incidents and terrorist activities. The area also outlines the new regulations that require critical portions of the industry and their response to a typical incident.
A critical approach considered by the MTSA of 2002 is that plans must be efficient, coordinated, and effective to minimize security incidents damages (Guan & Yahalom, 2017). The approach is further segmented into the responsibilities of federal agencies and their collaboration at the local, state, and federal governments to enhance security. The approach reveals how the plans must identify resources needed in their plans and plans that need to be stopped to prevent or deter a national incident. Further, the approach reveals how coordination must happen across the various agencies such as the Coastal Guard and Federal Maritime Security. Lastly, it addresses changes deemed necessary for the Act and the amendments that need to be made if need be.
Another essential aspect to note is that the Vessel and Facility Plan is one of the most sensitive areas of the MTSA of 2002. Therefore, regulations of the Act require a 5-yearly update with threats that are in alignment with the national security plan as well as communicates on how to adhere to policies within and across borders (Crowell, 2018). The MTSA, however, should consider deterrence from cyber-attacks. The rationale stems from the fact that cyberattacks have been a security issue in the U.S.
Although MTS mainly covers areas revolving around marine, it is worth noting that the network includes intermodal connections such as highways and railways. There are also numerous marine channels, marine terminals, and marinas, all of which fall under the MTS. Also, there are many elements covered by the MTSA, but an essential element of marine transportation is the seaport. The U.S. has over 300 ports through which trillions of dollars pass throughout the year. With the voluminous goods flowing in and out of the country, safety is prioritized. This is because if an attack was to take place on the MTS, catastrophic damages would be inevitable for the global economy. Therefore, through the MTSA, the use of technology has been stepped up. It is no longer looking at the profits to be made but is now inclusive of protecting the goods that come in and out of the ports of the U.S.
A crucial fact to note about the MTS Act Of 2002 is that the change in law came about when creating the Department of Homeland Security. Therefore, its overarching role is to ensure collaboration across various levels of the government in information sharing and consequently security enhancement. Additionally, the MTSA ensures the enforcement and implementation of the security, as mentioned above, plans that focus on threats and vulnerabilities crucial for establishing a solid defense. Also, the MTSA keeps the country prepared to prevent the recurrence of events such as 9/11.
Question 3: How do you see the Global Maritime Transportation system changing in the next decade? With this change, what single security issue will be of universal concern and why? Will drones be that issue?
The Global Maritime Transportation System is crucial for the success of international trading. With technological advancements and innovations, I foresee significant changes taking place in the Global Maritime Transportation System. First, recent discoveries of new threats such as drugs transportation and illegal immigration at the U.S. Border are linked to the political atmosphere due to the just concluded elections. I also foresee that most maritime port systems, vessels, and security systems become digitally controlled and move to online platforms. In my opinion, technological advancements in the Maritime Sector are a great thing. However, it predisposes us to new problems and a new battle space that the enemies of the U.S. could take advantage of. There is an apparent inability to fully protect the U.S. cyberspace, precisely when most things are stepping up to the digital platform.
Cybersecurity will be a significant topic in the future, mainly because of the over-reliance and dependency on online systems. The cyberspace will be a major point of vulnerability and attack. The rationale stems from the fact that it is cost-effective to run digital operations on maritime spaces compared to traditional operations. A significant concern is the vulnerabilities because an unknown individual can attack ports, vessels, and maritime systems and go unnoticed on these digital platforms. Furthermore, in the preceding years, the U.S. has various attacks that have resulted in economic losses for the business. Besides the losses incurred, attacks from anonymous individuals could compromise the country's security and the people at large.
Regardless of the various incidents of cyber-attacks at the ports of the U.S., there has been a slowed pace in the Department of Homeland Security in solving the vulnerabilities presented. Back in 2015, Candice Miller pointed out that cybersecurity issues are not of concern for mere economic purposes but also due to the dangers they pose to people (Panganini, 2015). He gave an example of the Liquefied natural gas and other sensitive cargo that passes through the ports citing that if security measures are not solid, the safety of people could be compromised. Also, the article revealed numerous security gaps in the Global Maritime Transportation System, that the Department of Homeland Security is yet to address.
In another incident, Iranian hackers attacked the San Diego Port causing a loss of millions of dollars. They took money from over 100 victims. In exchange for decrypted data, the hackers would demand payment in Bitcoins (Port Strategy, 2018). This type of control reveals the ports' vulnerability and the extent to which digital platforms might cause damage in the future. The concern from these incidents is that the Department of Homeland Security is yet to address them. The fact that they are unaddressed implies that the security loopholes are still existent in the Global Maritime Transportation Systems. Therefore, the security is at risk not just the U.S. but also other ports across the world.
With the knowledge that global transport system is of crucial importance in the world’s economy, disruptions in normal operations would incur losses. Besides there would be limitation of the supply of particular goods. It is worth noting that after air ports are the second most common means of goods movement across borders. Therefore, the Department of Homeland Security should be more concerned about fixing and addressing problems that could result in vulnerabilities for the ports.
Besides concerns revolving around cybersecurity, drones will also be an issue as they could shape the shipping industry's future. Drones will facilitate the fast movement of goods. It is worth noting that shipping of goods takes place for over a month. The shipping can be speeded up through the use of drones. According to a recent CBC report, drones generated over $24 million in revenue in 2018, and the number is anticipated to grow to approximately $1.6 trillion by 2027 (Mittendorf, Franzmann & Ostermann, 2017). The drones could be the disruption needed in the global supply chain that has been stagnant since the 50s. Furthermore, there are numerous ways the drones can be used both onshore and offshore. First, they can be used to gather data for inspection. This can have a significant impact on the safety of global transport systems. A drone is safer and more efficient than scaffolding. Secondly, drones can also be used for surveillance and security in the global transport system. A single drone could be efficient to survey a port or waterway than a series of cameras. Thirdly, drones can be used for maritime search and rescue. Lastly, drones have the potential of being used for autonomous deliveries and shipping. Therefore, many of these capabilities will soon be realized and shape the global transport system significantly.
References
Brzozowski, C. M. (2017). The Department of Homeland Security's Role in Protecting the National Economy . Naval Postgraduate School Monterey Ca Monterey United States. https://apps.dtic.mil/sti/citations/AD1046796
Crowell, B. (2018). Area Maritime Security Committees and the Maritime Transportation System. Naval Postgraduate School Monterey United States. https://apps.dtic.mil/sti/citations/AD1069526
Garrett, T. M. (2018). An analysis of US Custom and Border Protection’s tripartite Mexico border security policy. Annales. Etyka w życiu gospodarczym , 21 (4), 89-111. https://www.ceeol.com/search/article-detail?id=751545
Gasperetti, B. (2017). Security since 9/11: Creating the maritime transportation security act and the ISPS code. Coast Guard Journal of Safety & Security at Sea, Proceedings of the Marine Safety & Security Council , 74 (2). https://trid.trb.org/view/1532657
Guan, C., & Yahalom, S. (2017). Port Security. Ports and Networks: Strategies, Operations, and Perspectives , 315. https://www.taylorfrancis.com/chapters/port-security-changqian-guan-shmuel-yahalom/e/10.4324/9781315601540-20
Mittendorf, C., Franzmann, D., & Ostermann, U. (2017). Why Would Customers Engage in Drone Deliveries? https://aisel.aisnet.org/amcis2017/HumanCI/Presentations/17/
Paganini, P. (2015). US Ports – Cyber Attacks Can Cause the Release of Dangerous Chemicals. https://securityaffairs.co/wordpress/40960/security/us-ports-vulnerable-hacking.html
Port Strategy. (2018). Iranian Hackers Charged Over US Port Attack. https://www.portstrategy.com/news101/world/americas/iranian-hackers-charged-over-san-diego-attack
